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国安法将促进香港繁荣
2020-07-12

  7月10日,驻卡拉奇总领事李碧建在巴基斯坦《商业纪事报》发表题为《国安法将促进香港繁荣》的署名文章。

  文章指出,已经生效的《中华人民共和国香港特别行政区维护国家安全法》(以下简称“香港国安法”)明确规定了在香港特别行政区维护国家安全应当尊重和保障人权,依法保护香港特别行政区居民根据香港特别行政区基本法和《公民权利和政治权利国际公约》、《经济、社会与文化权利的国际公约》适用于香港的有关规定享有的包括言论、新闻、出版的自由,结社、集会、游行、示威的自由在内的权利和自由。香港国安法只针对四种类型的犯罪,即分裂国家、颠覆国家政权、恐怖活动以及勾结外国或者境外势力危害国家安全,该法的制定旨在制止和制裁香港境内少数严重危害国家安全的行为,保护绝大多数守法香港居民的安全和合法权益。香港国安法设定了明确的规范,要求所有执法人员必须严格按照法条所规定的任务和程序工作,不得损害任何个人或组织的合法权益。该法还规定,中央人民政府驻香港特别行政区维护国家安全公署应当严格依法履行职责,依法接受监督,公署人员除须遵守全国性法律外,还应当遵守香港特别行政区法律。

  香港国安法将使在香港的外国企业更易于履行《联合国工商业与人权指导原则》所规定的人权责任,守法的企业和香港居民显然不会从事该法所针对的四种类型犯罪,守法跨国企业都希望香港早日恢复稳定与秩序。和平、合理地表达需求是基于法治的文化先进社会的基本要求和内在组成部分,但权利必须在法律框架内行使,任何诉求都不能以非法手段表达,更不应诉诸暴力。法治是香港的核心价值,更是香港长期稳定和繁荣的基石。确保对法律的遵守并制裁违法行为是法治精神的体现,只有对暴力和骚乱采取零容忍态度才能维护香港法治,任何对暴力和骚乱的支持和纵容都是对民主、自由和法治的公然侵犯。

  香港国安法的实施标志着“一国两制”、“港人治港”、高度自治方针的延续。全国人大的决定从一开始就明确表明,国家坚定不移并全面准确贯彻“一国两制”政策,香港民众在该政策下享有高度自治。该法第一条重申了这一承诺,目的是填补香港在国家安全方面的重大漏洞,巩固“一国”的基础,并为香港在维护“一国”的基础上利用“两制”的优势提供最大的保障。香港国安法的制定不会影响香港居民依法享有的权利和自由,不会影响香港特别行政区包括最终裁决权在内的独立司法权,不会改变“一国两制”、资本主义制度、高度自治方针和香港特别行政区的法律体系。

  香港国安法将为香港的繁荣与稳定作出贡献。自从去年6月修例引发动荡以来,“香港独立”团体和暴力恐怖行径对香港的法治、经济和民生造成了沉重打击,整座城市的营商环境和国际形象严重受损。香港国安法的制定正是为了扭转这一局面,它将帮助香港维持良好的营商环境,巩固和提高其作为金融、贸易和航运中心的地位,并增强外国投资者的信心。全国人大的决定通过后,得到了包括汇丰银行、渣打银行等多家在港外资公司的明确支持,他们都相信香港国安法作为一切发展的基础和前提,将为香港的持久稳定作出贡献。

  原文如下:

                                                      New legislation contributes to HK's prosperity

  The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region has become effective. It clearly stipulates that human rights shall be respected and protected in safeguarding national security in the Hong Kong Special Administrative Region (HKSAR). The rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, which the residents of the Region enjoy under the Basic Law of the HKSAR and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law. The legislation only targets four types of offences, namely, secession, subversion, terrorist activities and collusion with a foreign country or with external elements to endanger national security. It is designed to deter and sanction a small minority in Hong Kong who are involved in offences seriously jeopardizing national security. It aims to protect the great majority of law-abiding Hong Kong residents, and safeguard their safety and lawful rights and freedoms. The legislation sets clear limits on and requires that all law enforcement efforts be conducted in strict accordance with legal provisions and statutory mandates and procedures, without prejudice to the lawful rights and interests of any individual or organization. It also provides that the Office for Safeguarding National Security of the Central People's Government in the HKSAR shall perform its mandate in strict compliance with the law and be subject to supervision in accordance with the law. The staff of the Office shall abide by the laws of the HKSAR as well as national laws.

  The legislation will make it easier for foreign businesses in Hong Kong to fulfill their responsibility to respect human rights under the Guiding Principles on Business and Human Rights of the UN. The legislation only targets four types of offences, clearly, these offences are not what law-abiding businesses and residents in Hong Kong would ever engage in. Law-abiding trans-national businesses all want to see a Hong Kong back to stability and order. The implementation of this Law will help them better fulfill their responsibility to respect human rights. What has happened since the return of Hong Kong proves that the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration enjoyed by Hong Kong residents in accordance with the law have been fully protected. Peaceful and reasonable expression of demand is a basic requirement and an intrinsic part of a culturally advanced society based on the rule of law. Having said that, rights must be exercised within the framework of the rule of law, and no demand should be expressed by illegal means, let alone resorting to violence. The rule of law is the core value of Hong Kong and the cornerstone for its long-term stability and prosperity. Ensuring observance of laws and prosecution of lawbreakers is a manifestation of the spirit of the rule of law. Only by taking zero tolerance toward violence and rioters, can Hong Kong's law and order be protected and the rule of law upheld. Supporting and conniving at violence and rioters represents a flagrant infringement of democracy, freedom and the rule of law.

  The legislation marks the continuation of One country, Two systems and Hong Kong's high degree of autonomy maintained. The NPC decision makes it clear, from the very beginning, that the State resolutely, fully and faithfully implements the policy of One Country, Two Systems under which Hong Kong people administer Hong Kong with a high degree of autonomy. This commitment was reaffirmed in Article 1 of the legislation. The goal is to close the critical loophole in national security in Hong Kong, cement the foundation of One Country, and provide maximum safeguard for Hong Kong to harness the strengths of Two Systems on the basis of upholding One Country. The enacted legislation will not affect the rights and freedoms enjoyed by Hong Kong residents under the law. It will not affect the HKSAR's independent judicial power, including that of final adjudication. There will be no change to the policy of One Country, Two Systems, the capitalist system, the high degree of autonomy, or the legal system of the HKSAR.

  The legislation will contribute to Hong Kong's prosperity and stability. Since the turbulence over proposed legislative amendments last June, the "Hong Kong independence" groups and violent terrorist acts have dealt a heavy blow to Hong Kong's rule of law, economy and livelihood. The city's business environment and international image has also been severely damaged. The legislation is designed precisely to reverse that situation. It will help Hong Kong sustain a favorable business environment, consolidate and elevate its status as a financial, trade and shipping center, and bolster the confidence of foreign investors. After its adoption, the NPC decision received explicit support from many Hong Kong-based foreign-invested corporations, including HSBC, Standard Chartered, Swire and Jardines. They are all convinced that the legislation will contribute to the lasting stability of Hong Kong, and serve as the very foundation and prerequisite for all development.

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